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I design a custom PCB, I use only RoHS components and RoHS PCB manufacturing.

Is that enough or not to sell my electronics in Europe legally?

I have read somewhere about certifications for any device that transmits signals(rf..wifi,433MHz etc). Is that only in the USA or also in Europe?

Can I still sell them legally without those certifications? My PCBs are being manufactured in china and soldered there as well, does that mean I do not need any certifications for Europe/USA and I can just import them and sell them here since they are not being manufactured here?

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  • \$\begingroup\$ It depends; if your PCB is used to generate 100 kV then it's totally unsafe without proper certifications that demonstrate it is safe. If it only produces 10 volts then it may not meet EMC regulations if it is producing 100 MHz at 10 watts into an antenna. \$\endgroup\$
    – Andy aka
    Commented Feb 16, 2021 at 10:55
  • \$\begingroup\$ It is an ESP32 pico D4 (unshielded) with a small trance antenna, RF transmitter and RF receiver at 3.3V , 433MHz on a small trace antenna. Does low voltage mean practically no certification required? I have read that I can put the CE by myself but if asked by authorities I need to prove it. Are there fines if they find something?And I really do not get it since I see shops ALL ARROUND EU selling electronics imported from China without the "European" CE..how is it possible then to be illegal to sell those stuff in Europe but still everyone does? Or since they are manufactured outside EU its ok? \$\endgroup\$
    – Kris
    Commented Feb 16, 2021 at 11:04

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As far as I understand it there are two things in play:

shops ALL AROUND EU selling electronics imported from China without the "European" CE..how is it possible then to be illegal to sell those stuff in Europe but still everyone does?

Enforcement of this is very weak. Pretty much nothing will happen unless somebody complains.

But the big loophole seems to be whether something is a "component" or a "product". If it's something like an ESP that's intended to be incorporated into a larger circuit or another product, then it counts as a "component". If it's sold to consumers as a finished product, with a case and everything, then it's a product.

The CE Marking Association has a good description. Note their enforcement examples. They're concerned with actual risk. Effectively, if your product is found to be unsafe or emitting unacceptable RF, and this causes a problem, then the CE process is a way of punishing that.

I have read that I can put the CE by myself but if asked by authorities I need to prove it.

Yes. It's self-certification, but you're supposed to keep a "technical file" detailing how you checked conformance, and which ETSI standards you checked against.

Are there fines if they find something?

Up to £5k or three months in jail, but according to that webpage the jail sentence has never been given out.

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  • \$\begingroup\$ I understand that if I use ESP module as part of my larger circuit then the whole thing is a product, however if the ESP module is CE certified and every other module is also CE certified and every component is RoHS I will be probably fine.. However, if I pay a company to do the CE certification (how much would that be for a "small" device approximately as big as a dev kit of esp32) then I have no responsibilities if that wasn't done properly.. right? \$\endgroup\$
    – Kris
    Commented Feb 16, 2021 at 12:07
  • \$\begingroup\$ Sadly it's both your responsibility even if you outsource it, and likely to be in the £5-10k region to do radio EMC testing. \$\endgroup\$
    – pjc50
    Commented Feb 16, 2021 at 13:52
  • \$\begingroup\$ If you combine (self certified or other) components into a product it is still a product and has to be certified as a product not a component. It is in your best interest to do the work. \$\endgroup\$
    – old_timer
    Commented Feb 16, 2021 at 13:59
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    \$\begingroup\$ @Kris if you make a product you must certify it, what's crazy about that? \$\endgroup\$
    – Criticize SE actions means ban
    Commented Feb 16, 2021 at 14:21
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    \$\begingroup\$ The board can change the emissions. I agree that it's a really big burden against small business, though. \$\endgroup\$
    – pjc50
    Commented Feb 16, 2021 at 14:38

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